Pursuant to the authority conferred by Article
2 of the Municipal Home Rule Law of the State of New York, and for
each and every purpose specified therein, the Town Board of the Town
of Evans, County of Erie and State of New York, has ordained and does
hereby enact the following chapter regulating property maintenance
and restricting the use and disposal of abandoned automobiles, garbage
and refuse within said Town.
This chapter shall be known and cited as the
"Property Maintenance Law of the Town of Evans, New York."
This chapter is enacted in recognition of the fact that junk vehicles, garbage and refuse that is abandoned or stored on private property, or unsafe and deteriorated structural or property conditions, can constitute both a public and private nuisance. Such items present a potential danger to residents and children and are unsightly. Their existence depreciates not only the property on which they are located, but also the property of other persons in the neighborhood and Town in general. It detracts from a clean, wholesome and attractive environment and is injurious to the welfare of the Town as a whole, making it a less pleasant place in which to live and do business. The intent of this chapter is to establish basic and uniform property maintenance standards and a legal procedure for the removal of the junk vehicles, garbage and refuse where they occur in the Town. (Also see Chapters
74 and
158 of the Town Code.)
As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED MOTOR VEHICLE
Any motor vehicle that the owner thereof does not intend
to use on public highways. The intent of the owner shall be determined
by the physical condition of the motor vehicle, any statements as
to its abandonment, whether the motor vehicle is currently inspected
and other relevant facts. With respect to a motor vehicle not required
to be inspected or motor vehicles not usually used on public highways,
the intent of the owner shall be determined by the length of time
since it was last used for the purposes intended and statements as
to its abandonment and other relevant facts.
BUILDING
A structure, permanent or temporary, wholly or partially
enclosed within exterior walls, or within exterior or party walls,
and a roof, affording shelter to persons, animals or property.
DANGEROUS TREE
Any tree or any part thereof which is either dead, diseased,
decayed or, due to other causes, is in such a state that there exists
a clear and present danger of said tree or any part thereof falling
due to natural causes so that the free and lawful usage of public
highways could be impaired or endangered, or so that a structure or
building located on lands adjoining the premises on which said dangerous
tree is located could be damaged should the dangerous tree fall, or
so that any person lawfully in the vicinity of said dangerous tree
could receive bodily injury from the same should the dangerous tree
fall.
DISCARDED MOTOR VEHICLE
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of or any motor vehicle the owner of which cannot be found after due
and reasonable inquiry.
ENFORCEMENT OFFICER
The Building Inspector of the Town, unless the Town Board,
by resolution, designates some other Town officer as enforcement officer
or by resolution establishes the position of Enforcement Officer for
the Town and appoints some qualified person thereto at a salary specified
in such resolution.
JUNK VEHICLE
Any motor vehicle, whether automobile, bus, truck, tractor,
mobile home or any other vehicle, originally intended for travel on
the public highways, as well as, and including, but not limited to,
any lawn tractor, farm tractor, snowmobile, all-terrain vehicle, boat,
jet ski and bicycle which is abandoned, discarded, stored, left or
located by its owner or any other person or is permitted or condoned
to be abandoned, discarded, stored, left or located by its owner or
any other person on private premises in the Town of Evans, outside
any village in said Town and outside any establishment duly licensed
by the Town, and which junk vehicle is without current and valid license
plates and registration and is uninspected by the State of New York
or any other state and is not operable. The use of the term in the
singular herein is intended, where applicable, to include the plural.
LITTER
Any garbage, refuse and/or junk, as such is defined or otherwise
identified in this chapter, being on any premises or property in the
right-of-way of a roadway, public or otherwise, or remaining thereon
for any period of time whatsoever.
MOTOR VEHICLE
Every vehicle originally designed and intended to be operated,
drawn or driven or capable of being operated, drawn or driven upon
a public highway by any power other than muscular power. For the purposes
of this definition, the term "motor vehicle" shall include, but not
be limited to, automobiles, trucks, buses, motorcycles and trailers.
OWNER OF MOTOR VEHICLE
A person, firm or corporation having the property in or title
to a motor vehicle, including a person entitled to the use and possession
of a vehicle subject to a security interest in another person and
also including any lessee or bailee of a motor vehicle having the
use thereof under lease or otherwise.
OWNER OF PRIVATE PROPERTY
A person, firm or corporation who or which is the owner,
contract purchaser, tenant, lessee, occupant, undertenant, receiver
or assignee of private premises or private property located within
the Town of Evans, outside the village.
PERSON
Any person or persons, firm, partnership, corporation, association
or other entity owning real property in the Town of Evans, outside
of any village therein.
PREMISES or PROPERTY
Includes all parcels of real property privately owned and
situated in the Town of Evans, outside of any village therein, whether
occupied or vacant.
PROPER CAR COVER
A cover which is specifically manufactured, fitted and suited
for a particular model or size of motor vehicle. The use of four-sided,
loosely fitted tarps, covers or other adaptations shall not be permitted.
UNINSPECTED MOTOR VEHICLE
Any motor vehicle that may be licensed in the State of New
York and is not currently inspected. The fact that a motor vehicle
does not display a current inspection sticker shall be presumptive
evidence of the fact that such motor vehicle is not currently inspected.
YARD
An open space on the same lot that contains a building and
is located between the building line and the lot line, which the particular
building line faces.
Any person who is found guilty of violating
any provision of this chapter or any regulation adopted hereunder
shall for each violation be subject to a fine not to exceed $250 or
imprisonment not to exceed 15 days, or both. From the date of the
first court appearance set forth in any notice of violation, appearance
ticket or summons, each week's continued violation shall constitute
a separate violation.